KALPESH HASMUKHBHAI PATELversusJYOTINBHAI BHARATBHAI GIRDHAR

      R/CR.A/928/2024                                   ORDER DATED: 09/02/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 928 of 2024

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                       KALPESH HASMUKHBHAI PATEL
                                 Versus
                  JYOTINBHAI BHARATBHAI GIRDHAR & ANR.
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Appearance:
MR NIRAV C THAKKAR(2206) for the Appellant(s) No. 1
BAILABLE WARRANT UNSERVED for the Opponent(s)/Respondent(s) No. 1
MS DHWANI R TRIPATHI, APP for the Respondent/s No.2 - State
RULE NOT RECD BACK for the Opponent(s)/Respondent(s) No. 1
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 CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                               Date : 09/02/2026

                                ORAL ORDER


1.              This is an acquittal appeal filed under Section 378

of the Code of Criminal Procedure, 1973 (hereinafter referred

to as `the Code’ for short) / under Section 419 of the

Bharatiya         Nagrik     Suraksha        Sanhita,     2023       (hereinafter

referred to as ‘BNSS’ for short) by the complainant against

the judgment and order impugned passed by the learned trial

Court, whereby the learned trial Court had acquitted the

respondent/s/accused of the charge under Section 138 of the

Negotiable Instruments Act, 1881 (hereinafter referred to as

the `NI Act’ for short).



2.              Heard learned advocate for the parties. Learned

APP     has      submitted    that    this     matter   is   required       to    be

transferred in view of the recent decision of this Court



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     R/CR.A/928/2024                                         ORDER DATED: 09/02/2026




passed in Criminal Misc. Application No.12753 of 2019 with

Criminal Misc. Application No.12908 of 2019.



3.               Before entering into the merits of this case, this

Court deems it proper to refer to the latest decision rendered

by this Court in the case of Shivsinh Ganpatsinh Solanki V/s

State      of    Gujarat        &    Anr.       being    Criminal      Miscellaneous
Application Nos. 12753 of 2019 with 12908 of 2019 on
23.12.2025, wherein, after considering the various judgments
of   the        Hon’ble       Supreme          Court,   more     particularly,         the

judgment         in    the     matter     of     M/s    Celestium     Financial        V/s
A.Gyanasekaran               etc.   reported       in   2025    INSC        804,       has

observed and held that the Complainant, in a complaint

under Section 138 of the N.I. Act, being a Victim, has a

specific right to appeal under proviso of Section 372 of the

Code / Section 413 of the BNSS to the Court which is

immediately superior in hierarchy i.e., the Sessions Court.

Therefore, the applications for leave to appeal/appeal(s) which

are pending before this Court can be disposed of with a

direction       to     transfer     the    said     application/appeal(s)       to     the

concerned Sessions Court.


4.               In view of the above, learned advocate for the

petitioner requested to transfer the appeal to the concerned

Sessions Court.



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         R/CR.A/928/2024                                                              ORDER DATED: 09/02/2026




5.                     In      view         of      the        said        request,            this       appeal           is

disposed of with a direction to the Registry to transfer the

appeal            to        the       concerned               Sessions             Court.           After          it      is

transferred to the concerned Sessions Court, it has to be

treated as an Appeal under the proviso under Section 372 of

the Code / Section 413 of BNSS and numbered accordingly.

The Registry is directed to transfer the entire record of the
case, including the certified copies of the order impugned and

record          &       proceedings,               if     lying         with         this       Court,          to      the

concerned lower Appellate Court, forthwith.


6.                     Considering that the matter has been pending for

considerable                time,         the       learned            lower          Appellate             Court          is

required to make endeavour to dispose of the matter as

expeditiously as possible. It is clarified that this Court has
not gone into the merits of the matter at this stage.



                                                                                     (SANJEEV J.THAKER,J)
M.H. DAVE

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MAHESHKUMAR HASMUKHLAL DAVE(HC00193), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 09/02/2026 18:37:06




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